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(영문) 창원지방법원마산지원 2015.12.18 2015가단6145
공유물분할
Text

1. Description 1, 2, 2, 28, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 27, and 1 of the annexed drawings with respect to the 16,793 square meters of the Kanannam-gun, Gyeongnam-gun.

Reasons

The Plaintiff, L, C, D, and F shared 1/5 shares of the instant land, but L was dead on December 10, 2012 and succeeded to the shares of Defendant B, who is his 1/5 shares, at the respective 2/11 shares; Defendant G, H, I, and J, each of which is his 2/11 shares; and the fact that the agreement on the division of the instant land between the Plaintiff and the Defendants did not exist between the parties, or that the agreement on the division of the instant land was not reached between the Plaintiff and the Defendants pursuant to the purport of the entry in the evidence No. 1 and the entire pleadings.

Therefore, the Plaintiff may file a claim against the Defendants for the partition of the instant land. Considering the intent of the Plaintiff, the Defendants, and the location of the graves managed by the Defendants, it is reasonable to divide the instant land as stated in the Disposition No. 1.

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